PRESENTATION ON PATENT AND TRADEMARK BY PANKAJ KUMAR 2K10MKT20

What is a Trademark
A TRADEMARK is a word, phrase, symbol or design,or combination of words, phrases, symbols or designs is used in the course of trade which identifies and distinguishes the source of the goods or services of one enterprise from those of others. Anything that is unique and distinguishes your product or service from someone else's qualifies as a trademark. It can be a symbol, slogan or name. A trademark is different from a copyright or a patent  A copyright protects an original artistic or literary work; a patent protects an invention

PATENT
WHAT IS A PATENT Patent law has been formulated with an objective to promote and protect the inventions and methods. The object of granting a patent is to encourage and develop science, technology and industry. A patent can be defined as a grant of exclusive rights to an inventor over his invention for a limited period of time. The exclusive rights conferred include the right to make, use, exercise, sell or distribute the invention in India. The term of a patent is twenty years, after the expiry of which, the invention would fall into the public domain. After the expiry of the duration of patents, anybody can make use of the invention.

WHAT IS AN INVENTION
Invention means any new and useful  art, process, method or manner of manufacture machine, apparatus or other article  substance produced by manufacture and includes any new and useful improvement of any of them,

PERIOD OF PATENT
In respect of process patents relating to drugs and food, the term is five years from the date of sealing the patents or seven years from the date of the patent whichever is shorter.In respect of all other patents the term is fourteen years from the date of the patent. A patent is kept alive only by paying the renewal fee from time to time

RIGHTS OF A PATENTEE
The owner of the "Patent", i.e. patentee is entitled to deal with such property in the same manner as owner of any other moveable property.
 The patentee can sell the whole or part of this property (Patent).  He can also grant license to other(s) to use the patented property. He can also assign such property to any other(s).

Such sale, license or assignment of such patented property naturally has to be for valuable consideration, acceptable mutually

TRADEMARK
A Trade Mark is a visual symbol in the form of a word , a device ,or a label applied to articles of commerce with a view to indicate to the purchasing public that is a good manufactured or other wise dealt in by a particular person as distinguished from similar goods dealt or manufacture by other persons

Functions of a Trade Mark

1. It identifies the product of its origin

2. It guaranties its unchanged quality 3. It advertises the products & 4. It creates an image for products.

What is a good Trade Mark

1. It should be easy to pronounce and remember if it is word mark

2. In case of a device mark -should be capable of being described by a single word. 3. It was be easy to spell correctly and write legibly 4. It should not be descriptive 5. It should be short 6. It should appeal to the eye as well as the ear. 7.It should not belong to the class of marks prohibited for registration 8. It should satisfy the requirements of registration

Duration of a Trademark
The term of a trademark registration is for a period of ten years. The renewal is possible for further period of 10 years each. Unlike patents, copyrights or industrial design trademark rights can last indefinitely if the owner continues to use the mark. However, if a registered trademark is not renewed, it is liable to be removed from the register